The moving party, a provincial regulator, brought a motion to quash an application for judicial review by a waste management corporation.
The corporation sought an order of mandamus requiring the regulator to enforce the Resource Recovery and Circular Economy Act, 2016, alleging economic loss due to non-enforcement.
The Divisional Court granted the motion to quash, finding it plain and obvious the application could not succeed because mandamus is not available to compel general enforcement untethered to specific facts, and the regulator's enforcement powers are discretionary.
